What is the test for sentencing a defendant to five separate sentences for making a criminal threat under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Carr, B225383 (Cal. App. 2011):

Because the trial court's finding of separate objectives was supported by substantial evidence, we conclude it was permissible to impose separate sentences for counts 3, 4, and 5. (See People v. Solis (2001) 90 Cal.App.4th 1002, 1022 [crimes of making a criminal threat and arson were divisible under 654 because the defendant had the distinct objectives of frightening the victim with the criminal threat and destroying property in the arson]; People v. Nichols (1994) 29 Cal.App.4th 1651, 1656-1658 [separate punishments for both kidnapping and threatening to kill the victim if he "'open[ed] [his] mouth'" was permissible under section 654 because the defendant had separate objectives to (1) hijack a truck by kidnapping and robbing the

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victim and (2) avoid detection and conviction by dissuading and intimidating the victim].)

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